Is Encouraging or Inducing the Illegal Entry of Aliens 'Constitutionally Protected Speech'?
By Dan Cadman on December 5, 2019
I've written before about the case of Evelyn Sineneng-Smith, who was convicted in U.S. District Court for the Northern District of California for the crime of illegally encouraging or inducing the entry of aliens not entitled to do so under the immigration laws. The crime for which she was convicted was 8 U.S.C. Section 1324(a)(1)(A)(iv), "Bringing in and harboring certain aliens".
At the time I wrote in 2017, Sineneng-Smith had appealed her conviction to the Ninth Circuit Court of Appeals, arguing that this particular provision in the statute was unconstitutional because it infringed on her free speech rights. Sineneng-Smith, a self-styled "immigration consultant", was in business providing such counseling and the court record shows that she earned over $3 million in the process for her services. The Ninth Circuit, in its unique way, invited a host of amicus ("friend of the court") briefs on the issue, surely knowing that virtually every open-borders advocacy group in the country would pile onto such an invitation, which they did.
https://cis.org/Cadman/Encouraging-or-Inducing-Illegal-Entry-Aliens-Constitutionally-Protected-Speech
